Premlal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2491 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Premlal Mahto, Son of Rajballam Mahto, Resident of Village - Molanapur, P.S. - Siwan, District - Siwan.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Complainant/Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 28-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the complainant/ informant. The petitioner apprehends his arrest in connection with Siwan Muffasil P.S. Case No.209 of 2016 registered under Sections 341, 323, 307, 354A, 376, 511 and 506/34 of the Indian Penal Code. The accusation of the complainant/informant Mayanti Devi is that on seeing her alone in the house, her brother-in-law Premlal Mahto (petitioner) entered into her room, laid her on the ground, and started to turn her blouse. When the complainant/informant made protest, this petitioner caused blood oozing injury on her breast and also tried to commit rape on her by unfolding her Saari and Saaya. When Nidhu Kumari, the daughter of the complainant/informant, rushed there, she was also assaulted by this petitioner. On hulla, the petitioner fled away

Patna High Court Cr.Misc. No.2491 of 2017 (3) dt.28-03-2017 2/2 from there. Thereafter, Lalmuni Devi, Pyaro Devi and Rajballam Mahto, mother-in-law, sister-in-law and father-in-law respectively of the complainant/informant started to abuse the complainant/informant. Learned counsel appearing on behalf of the petitioner submits that, in fact, the complainant/informant is the sister-in-law of the petitioner and due to land dispute, she has filed this case with the false allegation of attempting to commit rape on her and also caused injury to her daughter by this petitioner and also against the other family members with the allegation of abusing her.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No.209 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T